37.
States should ensure opportunities for day care, including all-day schooling, and respite care which would
enable parents better to cope with their overall responsibilities towards the family, including additional
responsibilities inherent in caring for children with special needs.
Preventing family separation
38.
Proper criteria based on sound professional principles should be developed and consistently applied for
assessing the child’s and family’s situation, including the family’s actual and potential capacity to care for the child,
in cases where the competent authority or agency has reasonable grounds to believe that the well-being of the child
is at risk.
39.
Decisions regarding removal or reintegration should be based on this assessment and made by suitably
qualified and trained professionals, on behalf of or authorized by a competent authority, in full consultation with all
concerned and bearing in mind the need to plan for the child’s future.
40.
States are encouraged to adopt measures for the integral protection and guarantee of rights during pregnancy,
birth and the breastfeeding period, in order to ensure conditions of dignity and equality for the adequate
development of the pregnancy and care of the child. Therefore, support programmes should be provided to future
mothers and fathers, particularly adolescent parents, who have difficulties in exercising their parental
responsibilities. Such programmes should aim at empowering mothers and fathers to exercise their parental
responsibilities in conditions of dignity, and at avoiding their being induced to surrender their child because of their
vulnerability.
41.
When a child is relinquished or abandoned, States should ensure that this may take place in conditions of
confidentiality and safety for the child, respecting his/her right to access information on his/her origins where
appropriate and possible under the law of the State.
42.
States should formulate clear policies to address situations where a child has been abandoned anonymously,
which indicate whether and how family tracing should be undertaken and reunification or placement within the
extended family pursued. Policies should also allow for timely decision-making on the child’s eligibility for
permanent family placement and for arranging such placements expeditiously.
43.
When a public or private agency or facility is approached by a parent or legal guardian wishing to relinquish
a child permanently, the State should ensure that the family receives counselling and social support to encourage and
enable them to continue to care for the child. If this fails, a social worker or other appropriate professional
assessment should be undertaken to determine whether there are other family members who wish to take permanent
responsibility for the child, and whether such arrangements would be in the child’s best interests. Where such
arrangements are not possible or in the child’s best interests, efforts should be made to find a permanent family
placement within a reasonable period.
44.
When a public or private agency or facility is approached by a parent or caregiver wishing to place a child in
care for a short or indefinite period, the State should ensure the availability of counselling and social support to
encourage and enable them to continue to care for the child. A child should be admitted to alternative care only
when such efforts have been exhausted and acceptable and justified reasons for entry into care exist.
45.
Specific training should be provided to teachers and others working with children, in order to help them to
identify situations of abuse, neglect, exploitation or risk of abandonment and to refer such situations to competent
bodies.
46.
Any decision to remove a child against the will of his/her parents must be made by competent authorities, in
accordance with applicable law and procedures and subject to judicial review, the parents being assured the right of
appeal and access to appropriate legal representation.
47.
When the child’s sole or main carer may be the subject of deprivation of liberty as a result of preventive
detention or sentencing decisions, non-custodial remand measures and sentences should be taken in appropriate
cases wherever possible, the best interests of the child being given due consideration. States should take into account
the best interests of the child when deciding whether to remove children born in prison and children living in prison
with a parent. The removal of such children should be treated in the same way as other instances where separation is
considered. Best efforts should be made to ensure that children remaining in custody with their parent benefit from
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